At the outset of the last Williston Park Village Board meeting, the board held a public hearing led by Mayor Odierna, Deputy Mayor Ron Saporita and trustees Ann Marie Smith, Kevin Dunn and Crista Mills, for the purpose of amending the village code for parking violations. Copies of the code are available at village hall.
Village Attorney Richard Reers said the proposed law would be repealing the following laws: 219-17, 18, 19, 20, 21, 22 and 23. Attorney Reers went on to say, "We are very lucky to have a village justice court. Going back to the '90s the state legislature provided an option to villages to have a traffic violations bureau. It was never implemented. We have, for many months, been reviewing that option and made a determination to take that language out of the chapter so that it will only refer to the justice court. Further, it will change the authority for setting the fines from the village justice to the board of trustees, since it is the legislative body in the village. They have proposed this change to make it clear that they will make the determination of the fines from now on.
"The second part is the actual fines and how they will be restructured. Penalties for the violations set in 219-17 are as follows" Overtime parking, initial fine will be $40; after 60 days the fine will be $60 and after 90 days will be $80. Essentially what the board is saying is if you pay the fine on time it is only $40. If you don't pay it will increase. This schedule is to promote paying the fines on time.
The following fines are for initial, after 60 days and after 90 days:
"The other categories are limited, restricted and prohibited parking and that has the same schedule of $40, $60 and $80.
"Double parking is $75, $100 and $125.
"Handicapped Parking Only is $250, $375 and $500.
"Blocked driveways, $40, $60 and $80 and the same for parking on a sidewalk.
"Parking in a fire hydrant or a fire zone has an initial fine of $200, $300 and $400.
"Loading zone violations $75, 100, $125.
"No commercial parking $75, $100, $125.
"Registration and inspections violations $50, $75, $100.
"Snow Emergency $200, $300, $400.
"Parking Without a Permit (When Required): $100, $150, $200.
"Any undesignated offense in this chapter would be $40, $60 and $80."
Reers continued, "On the second conviction within 18 months of the first conviction for the same offense; or example, if you were blocking a driveway and were convicted and received another ticket for the same violation within 18 months that fine would increase by 150 percent. So, instead of it being $40 initially, it would be $60 initally. On the third conviction for the same violation within 18 months, the fine would be 200 percent the initial cost. So instead of $40 it would be $80 initially. As in most laws, in addition to any monetary fine, the violator may be sentenced to a prison term not to exceed 15 days."
Attorney Reers then turned the hearing back to Mayor Odierna, who in turn opened it up for public comment.
Al Mayce commented on the portion of the law addressing "parking in the driveway." He said, "You mean to say if I bring my wife home and park at my driveway, blocking it, and walk her into the house, I could get a ticket for that, blocking my own driveway?"
Attorney Reers said, "It is not our law, it is a state law. I think like everything else police officers, especially in our village, are not running right out to write that summons instantly. On the other hand, were you to receive a ticket under those circumstances, you could certainly come to village court and make your case to the judge."
Mayce said, "As far as I'm concerned, it's a stupid law."
Attorney Reers said, "I'm not going to put POP (Problem Oriented Officer) William Handworth, who is in the audience, on the spot, but how does the officer know you are blocking your own driveway?'
Police Officer Handworth said, "It's not our law, it's state law."
Another resident said he thought the new fines were too high. However, it was the comment, by most of the members of the trustees that the fine has gone from $100 to $40, which is in fact a big decrease in the fines.
Former Mayor Charles Kempton said, "It sounds like you are usurping the authority of the judiciary. The judge has the right or the responsibility, under various circumstances to levy the fine. I am not sure that you aren't tying the hands of the judiciary by saying this is the fine you are to impose."
Reers answered, "Actually, what the board is doing is setting the maximum fine and when you go before the judge you can certainly make your case before him for some kind of a plea bargain. But that would be at the discretion of the village justice to reduce that fine. The maximum fines are the ones we just outlined."
Another resident said she was concerned that taking the fines away from the village justice and taking it to the board it might give the appearance of a conflict of interest.
Attorney Reers said, "The original village law, with the higher fine, stated what the violation is and what the penalty is for that fine and then it is up to the judiciary to determine how to apply that to the individual. So, it is no different."
Another resident wanted to know what is determined to be a "snow emergency." It was outlined that it was when there were 2 inches of snow. The resident went on to comment that she thought $200 for a first offense of not taking your car off the street during a snowstorm was too high. "
Trustee Smith said that car removal was a critical part of that law.
The resident said, "This is a village and it is awfully high for a village."
Deputy Mayor Saporita said he agreed with the resident and he said he would propose a reconsideration of that fine to $100.
Another resident suggested that the mayor should have a village-wise telephone message to move cars when an impending snowstorm is on the way. Mayor Odierna agreed fully that is what he would do.
Superintendent of Public Works Keith Brunell, answered a question as to how many fines have been handed out in the last year for parking during a snowstorm and he said there were no fines handed out in the last two years.
He said, "Basically, our plows are 11 feet wide in the front of the trucks and when you put a car on both sides of the street it's dangerous for us to drive through without knocking the mirror off your car. So, parked cars are a hazard for everyone."
One resident commented that after it snows he is always hoping that someone will park in front of his driveway so that the snowplow doesn't block him after he has had it cleaned up. Which got a laugh from the people in the audience.
Prior to the end of the very lengthy conversation regarding the fines, Village Justice Alan Reardon asked that any documentation that the attorney had to help determine the fines as mentioned be attached to the minutes of this meeting. Judge Reardon and attorney Reers had a little back and forth dialogue and attorney Reers said he would be happy to attach any information. This prompted former mayor Kempton to ask if Judge Reardon had been in on the change of the fines and Judge Reardon said no, he had not.
The discussion finally ended and the board voted to continue the hearing of the review of the fines at the next meeting which will be held at the Wednesday, March 19 meeting.
1. A local law addressing the hours established for playgrounds and parks in the village. The law also prohibits the use of village facilities for skateboarding, biking or roller blading unless approved by appropriate authorities. Plus, restricting the hours of playgrounds and parks between hours of dusk and dawn except by permission from village board.
2. A proposal to change the title of the law for a permit from Oil Burners to Fuel and Gas permits.
3. Prohibit the use of certain village streets for commercial vehicles, except for Willis Avenue and Hillside Avenue, and Nassau Boulevard and Mineola Boulevard except when making deliveries.
4. There was also a proposal for a no smoking ban in the village, but Attorney Reers asked it be withdrawn because there is already a "procedure" on the books and the attorney said they would take the "procedure" and turn it into a law, to be voted on at another time.
At the outset of the last Williston Park Village Board meeting the mayor read the bills (abstracts) that had been omitted from approval last month due to further financial explanations required by the board that were needed.
All the amounts were given but the only one questioned was for attorney Richard Reers bill for December in the amount of $9,749. The mayor said that the details would be discussed when the meeting was open to the public at the end of the business meeting.
The mayor outlined some of the projects that have been worked on by Reers including the settling of the Tuscanny Marble case, which saved the village a large amount of money in court fees. Further, he said he is working on the situation at O'Brien's and at LaPalma. He said that he spends many, many hours on village business. He pointed out that he is not a full-time employee of the village and does not receive any benefits nor is he eligible for a pension from the village, as has been alluded.
Some residents questioned the amount of the attorney's bill, but it was eventually approved by the board, after the attorney stated the number of hours he works for the board. He mentioned that in December there had been a significant disciplinary problem with a village employee which required many hours of detail work, which he could not detail due to the confidentiality of the case.
A resident then asked the mayor his opinion of the attorney's bill. Mayor Odierna said in his opinion the attorney has been involved in many things for the village. He said that when he himself goes to Village Hall he works with the village clerk and the attorney on many issues. He said,
"This all costs money."
"Further, this village attorney presents a bill that itemizes every single thing that he has done for the village."
The mayor continued, "Remember we are all part time. I, as the mayor receive $10,000 a year, no credit cards, I use my own car. I am out there looking at things that were never looked at before and so is our attorney. We have introduced more new laws in this village. His contract is not up for bid because it is a personal services contract."
Then the same resident wanted to know if the village clerk was an attorney and it was established that he was, but in no way is he to act as a village attorney.
It was also established that the attorney not only acts on village laws but also to the various departments. For instance, it was pointed out by the Building Inspector that at times when he gives summons for putting out garbage too early the family involved now threatens to sue the building inspector and they get an attorney. Kerry Collins said, "When that happens I need to talk to our attorney to see what course of actions should be taken. Things have changed. Years ago when I gave out summons the residents paid them, now, they hire an attorney and threaten to sue me."
After all the discussion, the abstracts were approved, including the bill of the village attorney.
The mayor then read the many abstracts (bills) for this month and they were all approved with no question.
The mayor then addressed the residents and said, "I don't know if I told you before but we met with the owners of Riverbay and they were very cordial and they have agreed that their employees will not park on the residents' streets near the restaurant. In fact, they are in the process of trying to make arrangements with the paper company to use their parking lot for employees' cars. They are working with us and I have to thank them because the residents can now park in front of their own homes."
The mayor further reported that both he and village clerk Walter Moloughney met with Assemblyman Thomas McKevitt, Assemblywoman Michelle Schimel and New York State Senator Craig Johnson for the purpose of asking for grant money for various projects in the village including the library, the playground at Kelleher Field, plus others.
Mayor Odierna also announced that he was approached recently by a cell phone representative for the purpose of installing cell antennas on the village water tower. He said he refused the request. He said, "The water tower is our most important asset. In case of emergency, we don't know who is climbing up there and we want to keep that water tower very secure. I told him I might be interested in other venues, but certainly not on the water tower."
He went on to comment on the integrity of the fire department. He said, "We thank the fire department for all their work. They are all volunteers and I can't thank them enough for what they give to this village. In one of the letters I have received it states that commercial properties pay more in property taxes to the village. That's not true, we have private residences that pay more."
The mayor went on to cite some of the things this administration has accomplished in the last two years. He said, "We have improved our bond rating so that we can borrow at a lesser amount. We did the negotiations with Verizon and there were no strings attached and we got the best deal of all the surrounding villages.
"Further, we eliminated the assistant superintendent's position, which saved more than $100,000; we established a zoning court, thanks to the judge. This is where zoning problems are addressed separately and not during traffic court, so we thank the judge for that. On the first meeting of that zoning court we collected $11,000 in fines and judgments, which is certainly improving the quality of life in Williston Park.
"Regarding DOT issues, we now have a countdown clock at Willis and Hillside Avenue which helps the people cross at that intersection.
"We are looking at the possibility of establishing a recreation center. It is still in a formative stage.
"We have formed a website and those working on it helped to establish the brand new water bills that have been recently sent out."
Mayor Odierna continued, "We saved $70,000 on liability insurance and $30,000 in medical benefits."
The mayor announced that two trustees are running for the position of trustee being vacated by Deputy Mayor Ronald Saporita and Trustee Crista Mills.
The candidates are attorney Beth Dowd and Little League Vice-President William Darmstadt. As of now they are running unopposed.
Mayor Odierna went on to say that the board is in the process of figuring out the budget for the coming year.
He also thanked Village Justice Alan Reardon for instituting a way of collecting fines from scofflaws, who have had fines for a number of years and not paid them. He said that the village has realized a sizable amount of money due to his initiative.
The mayor summed up his statement by saying, "Those are just some of the things that this administration has accomplished so far. I wish to thank Deputy Mayor Saporita for his work with us for the last two years and I also thank Trustee Crista Mills for her work. Now, I turn the meeting over to our village clerk, Walter Moloughney, who in turn asked Attorney Richard Reers to read the two local laws to be considered for adoption.
Thinking it was his last meeting, which it was not, he said he wanted to say a few words about his service to the board.
"Saporita said, "My first two years on the board I worked with an administration who I believed had become isolated from the people and to listen to what the residents were saying at meetings.
"The new administration, I recommended initiating committees to solicit input from the people. The Architectural Review Board brought contact with the residents. The Finance Committee was given access to information heretofore not made public. The Long Term Planning Committee expanded contact with the people. The Williston Water Board sought input managing, operations and the budget for the water board.
"I recommend that we add a Flood Mitigation Committee and I think its time for residents to discuss the flood situation.
"Last year the budget process did not seek input from the Finance Committee so it has faded away due to the lack of information. The residents spoke out about the budget process and I heard them. Residents comments have become valuable, particularly those about your right to know. Alternate opinions are very informative, whether I agree with you or not."
Mayor Odierna said that they would seek the input from the Finance Committee as the budget is being created.
Trustee Smith in reporting about the police report that said for the month of January, there was a burglary on Hillside Avenue at the professional building. There were nine parking violations; moving violations 51 and 13 auto accidents with two auto injuries. The Neighborhood Watch met and there was graffiti on Park Place.
She further reported there had been an increase in the stealing of the portable GPS systems in cars and she warned residents to take them off the dashboard and to put them under the seat or out of view.
Smith said that the code enforcers handed out 281 tickets for the month of January.
The Williston Park Egg Hunt will be held on March 16 at Kelleher Field at 1 p.m. For toddlers to 7 or 8 years old.
Trustee Kevin Dunn reported that Justice Alan Reardon heard 350 cases collecting fines of $36,794 with the mandatory New York State surcharge of $1,265. Judge Kiley heard no cases.
Trustee Mills reminded everyone to exercise their right to vote in the election on March 18 even though it is uncontested. Further, she said, please join the pool.
Kerry Collins announced that the building department collected $6,863 for building permits and for licensing fees $5,075 for a total of $11,938.
Brunnel reported that the public works department reported that the tree department completed 28 tree complaints; the highway department completed 11 complaints including sidewalk signs and potholes; the water department changed another 42 water meters to bring the village to 869 which is about one-third through the village; 12 light bulbs were changed as a result of complaints and highway department completed the drainage project on Yale and Syracuse and from the rainstorms Brunnel said they have had as much success as humanly possible.
The only bad note is that the pool generator had been broken into and kids did graffiti the "heck" out of the place. The police sent someone up to take pictures. Brunnel said, "Unfortunately, there has been an outbreak of vandalism in this area. In fact one night the hockey lights were left on all night and no one called either me or police. So, we really need to pay attention up there. So if anyone sees anyone walking around up there, please call the police, because they are causing a lot of damage that is costly."
Someone suggested cameras and it was mentioned that the board is looking into installing them in that area.
On March 18 the voting hours are from noon to 9 p.m. at the American Legion Hall on Willis Avenue.
There was a feisty discussion between resident Paul Ehrbar and trustee Saporita regarding petitions that were collected from the residents on Park Avenue to close the entrance from Hillside Avenue.
At the same time there was a petition from Collins Avenue not to close Park Avenue.
Saporita said that the petitions were presented and voted on at a workshop meeting.
Ehrbar questioned, "Why, since you were such an advocate of an open forum and to inform the little people, were those items voted on in a workshop rather than at a board meeting?"
Saporita came back with the fact that during the former administration there were gag orders placed on him during work sessions.
Ehrbar disagreed with his description of the former administration then
Ehrbar asked Saporita if he ever raised questions about the attorney's fees and he said they were at a public workshop and Saporita added, "Which you are entitled to sit in on."
Ehrbar said, "Resolutions should be voted on in public, not in the workshop."
The extremely long and laborious meeting finally ended close to 11 p.m. but not before a resident commented that the question that should be asked of the board is, "Not what an attorney is costing, but what an attorney is saving the village."